Transportation Employee Testing Act of 1989

Summary

Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring air carriers and foreign air carriers to conduct pre-employment, periodic recurring, random, and post-accident testing, and testing upon a reasonable suspicion that employees whose duties include responsibility for safety-sensitive functions have used alcohol or a controlled substance without lawful authorization. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) refuse to undertake a rehabilitation program; (2) fail to complete it; (3) have previously undertaken such a program; or (4) have served as an air carrier or FAA employee responsible for safety-sensitive functions while under the influence of alcohol or a controlled substance. Requires air carriers to establish and maintain a rehabilitation program for the identification and treatment of airmen, crewmembers, and airport security screening contract personnel who need assistance in resolving substance abuse problems. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for flight safety operations and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to review existing regulations governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety. Outlines the requirements for test procedures for alcohol and drug use among railroad employees responsible for safety-sensitive functions. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct pre-employment, periodic recurring, random, and post-accident testing of commercial motor vehicle operators, and testing upon a reasonable suspicion that they have used, without lawful authorization, alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving a commercial motor vehicle in which serious bodily injury, loss of human life, or significant property damage has occurred. Directs the Secretary to promulgate regulations setting forth the requirements for a rehabilitation program for the identification and opportunity for treatment of commercial motor vehicle operators who are determined to have used, without lawful authorization, alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for FY 1989 for such pilot testing program.

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Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Referred in House (text)

  Referred in House · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Passed Senate amended

  summary · EN · 9 November 1989

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• Introduced in Senate

  summary · EN · 9 March 1989

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